Pennsylvania Probate Legal Questions

Every state is different so it's hard to say. In California the will might be valid regardless of the notary. In fact, notarizing a will does nothing in California. Here you need two witnesses to sign the will unless it is a handwritten will (written in the decedent's writing) in which case no witnesses are needed. Additionally, there are some instances where other documents can be construed to be wills. I would definitely find a PA probate and estate lawyer to help you out. Good luck. -John... Read More

It depends.  It depends on what his will says.  Your father may have intentionally omitted  his natural children and if such was intentional he should have stated it with specificity in the language of his will.  If there was no intentional omission.....In the state I practice (IL), the probate statute provides that within 6 months after the admission to probate of a will, any interested person (herein you & your siblings) may file a petition in the probate proceeding in the court in which the will was admitted to contest the validity of the will.  You'll have to give notice (meaning you'll mail or deliver a copy of the filed petition) to the representative/executor or his or her attorney of record, and to each heir and legatee whose name is listed in the petition to admit the will to probate and in any amended petition.  The representative/executor has a duty to defend a proceeding to contest the validity of the will.  You will have to have grounds to contest the will. In this case the grounds may be undue influence, fraud or mistake. You may demand a trial by jury or the judge can conduct a bench trial.  That should be enough information to get you started.... Read More

From your question, it sounds as though you are only referring to one parent and that that parent is still alive AND is currently married to his/her second spouse.  I will base my response on this assumption.  Your answer depends on whether or not your parent dies leaving a will and how the assets in their estate are titled.  Please note that I am an attorney in the state of Illinois so please contact an attorney in PA for the specific laws of your home state. If your parent dies (called a decedent) leaving a will, the terms of the will will govern.  Your parent may have left you an inheritance in the will or he or she may not have.  It is totally legal for a parent to intentionally disinherit an adult child.  If your parent dies intestate, meaning without a will, but DOES have a surviving spouse, then one half of his or her entire  estate will go to the surviving spouse and the other half to the descendants of the decedent.  You advise there are no other living children, but note that if the deceased children (if any) left children (your parent's grandchildren), these children would take by representation the share entitled to their parents.  You would actually benefit if your parent dies without a will assuming they left an estate.  Your estrangement would not factor in.  However, even if your parent dies intestate, they may have titled their assets in such a way to pass them on to intended beneficiaries and thereby exclude you from his/her estate. I hope that helps.... Read More